DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status
Claims 1-5, 8, 10-19, 22, 24-30, and 39-40 are under examination.
Claims 6-7, 9, 20-21, and 23 are canceled.
Claims 31-38 are withdrawn.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claims 1-5, 12-13, and 39 are rejected under 35 U.S.C. 3 as being unpatentable over Akuta et al. (U.S. PGPub US 2021/0163694 A1 with Foreign Application Priority Date of August 31st, 2018), hereinafter Akuta, in view of Faris et al. (U.S. PGPub US 2004/0038090 A1), hereinafter Faris.
Regarding claims 1-3, Akuta discloses a battery comprising:
an anode (i.e., at least anode as discussed in [0145], also see [0058], [0062], [0068], [0124]-[0127]);
a cathode (i.e., at least cathode as discussed in [0146], also see [0124]-[0127]); and
a polymer electrolyte disposed between the anode and the cathode (i.e., at least hydrogel can be used as an electrolyte layer and/or separator between a cathode and an anode as disclosed in [0125], such that a polymer electrolyte is at least hydrogel, lacking any further distinction thereof as to said polymer electrolyte).
Akuta further discloses in Example 1a ([0180]) 20 parts by mass acrylic acid as a monofunctional monomer (i.e., at least polar vinyl monomer selected from a group consisting of acrylic acid, etc. with regards to claims 2-3), 80 parts by mass of ion-exchanged water, 0.34 part by mass of N,N’,N”-triacryloyldiethylenetriamine as a polyfunctional monomer (i.e., at least polyfunctional monomer has a role as a cross-linking agent as discussed in [0068], with regards to claim 2), 0.2 part by mass of Omnirad 1173 as polymerization initiator, etc., utilized to preparate a hydrogel precursor, and subsequently a sheet-like hydrogel, and further discloses in [0080] an electrolyte component may be dissolved in water, such that the hydrogel containing an electrolyte component can be used as a gel-like electrolyte, and whereby examples of the electrolyte component include sodium hydrogen (NaOH), potassium hydroxide (KOH), lithium hydroxide (LiOH), etc., such as in [0144] whereby said hydrogel is immersed in 4M aqueous KOH solution in which zinc oxide has been dissolved, etc., so as to obtain an electrolyte component-impregnated hydrogel, etc.
Since Akuta discloses the polymer electrolyte (i.e., at least hydrogel as discussed above) including the polymer matrix comprising a polar vinyl monomer such as an acrylic acid monomer, an initiator, cross-linker, etc., as discussed above this at least provides the polymer electrolyte (i.e., at least hydrogel) comprises an inert hydrophilic polymer matrix (i.e., at least polymer matrix comprising a polar vinyl monomer such as an acrylic acid monomer, an initiator, and a cross-linker as discussed above), which is at least impregnated with an aqueous electrolyte so as to obtain an electrolyte component-impregnated hydrogel (also see [0020]-[0022], [0063]-[0066]).
Furthermore, since the polymer electrolyte as disclosed by Akuta is identical to the product as claimed, properties and/or functions such as hydrophilic polymer matrix, inert, etc., are presumed inherent (MPEP 2112.01, I., II.), lacking any further chemical distinction thereof as to said inert hydrophilic polymer matrix.
However, Akuta is silent as to the polymer electrolyte penetrates into at least a portion of the anode or the cathode, wherein the anode or the cathode is a porous electrode comprising pores, and wherein the polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery.
Faris teaches a layered electrochemical cell and manufacturing method therefor (Title). Faris further teaches in [0057]-[0058] typical alkaline batteries include a zinc powder or paste anode material, etc., whereby electrolyte, such as gelled KOH, may be incorporated in the anode material, provided in or on the separator, or a combination thereof, etc., such that as taught in [0059]-[0063] the zinc material may comprise any of the materials described above with respect to metal air cells, using zinc as the prime metal constituent ingredient, etc., whereby for example, in a sintered design, a perforated wire mesh nickel, etc., is sintered with a carbonyl nickel powder layer or layers to form a porous electrode plaque, etc., which at least provides the cathode is a porous electrode, such that the skilled artisan would appreciate that said porous cathode necessarily possesses pores so as to be porous, lacking any further distinction thereof. Since Faris teaches typical alkaline batteries include a zinc powder or paste anode material(s), porous electrode plaque(s), etc., as discussed above, whereby electrolyte, such as gelled KOH, may be incorporated in the anode material, provided in or on the separator, or a combination thereof, etc., and further teaches in [0067] an ion conducting amount of electrolyte is provided within the electrode material, etc., this at least provides polymer electrolyte penetrates into at least a portion of the anode or the cathode, as well as provides the polymer electrolyte (e.g., gelled KOH, etc.) is present in the pores of at least the portion of the anode or the cathode, such that the skilled artisan would at least appreciate in one or more embodiments that Faris at least provides said cathode and/or anode is a porous electrode as discussed above, such that said porous electrode necessarily possesses pores, lacking any further distinction thereof.
Faris further teaches in [0072] a porous material or structure may be formed (e.g., as described herein with respect to layer ref. 107) adapted to receive electrolyte gel, etc., whereby for example, a porous ionically conductive polymer may be formed in the stack ref. 100 intended to receive electrolyte upon activation of the cell, etc., which at least provides the polymer electrolyte is present in void(s) of the battery, such that a porous material or structure adapted to receive electrolyte gel at least possesses void(s) of the battery so as to be filled with electrolyte gel, and lacking any further distinction thereof (also see [0034],[0037], [0040], [0071]-[0072], [0079], [0140]).
Faris further teaches in [0043]-[0044] the negative electrode or anode layer ref. 102 optionally is provided with an ionic conducting medium within the anode layer, etc., whereby the formulation optimizes ion conduction rate, capacity, density, and overall depth of discharge, while maintaining shape change during cycling, etc. (also see Abstract, [0009], [0037], [0044], [0068], [0071]-[0072], [0099]-[0101])
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Akuta with the teachings of Faris, whereby the battery including the aqueous electrolyte as disclosed by Akuta further includes the polymer electrolyte penetrates into at least a portion of the anode or the cathode, wherein the anode or the cathode is a porous electrode comprising pores, and wherein the polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery as taught by Faris so as to optimize ion conduction rate, capacity, density, and overall depth of discharge, while maintaining shape change during cycling, etc.
Regarding claim 4, Akuta discloses the battery as discussed above in claim 2. Since Akuta discloses in Example 1a ([0180]) 20 parts by mass acrylic acid as a monofunctional monomer (i.e., at least polar vinyl monomer selected from a group consisting of acrylic acid, etc.), 80 parts by mass of ion-exchanged water, 0.34 part by mass of N,N’,N”-triacryloyldiethylenetriamine as a polyfunctional monomer (i.e., at least polyfunctional monomer has a role as a cross-linking agent as discussed in [0068]), 0.2 part by mass of Omnirad 1173 as polymerization initiator, etc., utilized to preparate a hydrogel precursor, and subsequently a sheet-like hydrogel, this at least provides a 100.54 parts, such that the polar vinyl monomer (i.e., acrylic acid) is present in an amount of 20×100/100.54 = 19.89 wt.%, and further provides the cross-linker (i.e., at least at least polyfunctional monomer as discussed above in claims 1-2), is present in 0.34×100/100.54 = 0.33 wt.%, which at least provides values that are within the claimed ranges of the polar vinyl monomer is present in an amount in a range of 5 wt.% to 50 wt.%, and the cross-linker is present in an amount in a range of 0.001 wt.% to 5 wt.%, based on the weight of the aqueous electrolyte prior to polymerization, thus a prima facie case of anticipation exists (MPEP 2131.03, I., II.).
Akuta further discloses in [0119] it is preferable that a use amount of the polymerization initiator is 0.05 to 5 parts by mass, based on the total of 100 parts by mass of all monomers (monofunctional monomer, polyfunctional monomer, etc.), whereby when the use amount is less than 0.05 part by mass, a polymerization reaction does not sufficiently proceed, and an unpolymerized monomer may remain in the resulting hydrogel, and when the use amount is more than 5 parts by mass, the hydrogel may have an odor due to the residue of the polymerization initiator after a polymerization reaction, or physical properties may be deteriorated by influence of the residue.
Since Akuta teaches the initiator is present in 0.2×100/(20+0.34+0.2) = 0.97 wt.% based on the total amount of by mass of all monomers (i.e., monofunctional, polyfunctional, etc. as discussed above), and further discloses a use amount of the polymerization initiator is 0.05 to 5 parts by mass, based on the total of 100 parts by mass of all monomers, one having ordinary skill in the art before the effective filing date would appreciate that Akuta at least discloses the initiator is a result effective variable (MPEP 2144.05, II., A.), such that adjusting the initiator wt.% within the aforementioned range would at least ensure a polymerization reaction does sufficiently proceed, as well as would ensure avoiding the hydrogel having an odor due to the residue of the polymerization initiator after a polymerization reaction, or physical properties being deteriorated by influence of the residue.
Furthermore, in continuing with Example 1a ([0180]) since Akuta discloses 20 parts by mass acrylic acid as a monofunctional monomer (i.e., at least polar vinyl monomer selected from a group consisting of acrylic acid, etc.), 80 parts by mass of ion-exchanged water, 0.34 part by mass of N,N’,N”-triacryloyldiethylenetriamine as a polyfunctional monomer (i.e., at least polyfunctional monomer has a role as a cross-linking agent as discussed in [0068]), and Omnirad 1173 as polymerization initiator, etc., and since Akuta discloses a use amount of the polymerization initiator is 0.05 to 5 parts by mass, based on the total of 100 parts by mass of all monomers (monofunctional monomer, polyfunctional monomer, etc.), this at least provides 20.34 (i.e., summation of monofunctional and polyfunctional monomer(s)), and as an example provided by the examiner when 0.011 parts of initiator is provided at least provides 0.011×100/(20+0.34+0.011+80) = 0.01 wt.%, which is provides a range of values of the initiator that overlaps and/or encompasses the claimed range of the initiator is present in the amount in a range of 0.001 wt.% to 0.1 wt.%, based on the weight of the aqueous electrolyte prior to polymerization, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Regarding claim 5, Akuta discloses the battery as discussed above in claim 1. Akuta further discloses in [0144] said hydrogel immersed in 4M aqueous KOH solution in which zinc oxide has been dissolved, etc., so as to obtain an electrolyte component-impregnated hydrogel, etc., which at least provides the aqueous electrolyte comprises a basic solution and additives, such that the skilled artisan would appreciate that the basic solution is at least a KOH solution (i.e., potassium hydroxide from the group), and the zinc oxide is at least additives so as to be dissolved to saturation as discussed in [0144], and lacking any further distinction thereof as to said additives. Akuta further discloses in [0080] an electrolyte component may be dissolved in water, such that the hydrogel containing an electrolyte component can be used as a gel-like electrolyte, and whereby examples of the electrolyte component include sodium hydrogen (NaOH), potassium hydroxide (KOH), lithium hydroxide (LiOH) from the group. Akuta further discloses in [0085] the hydrogel may contain an additive, as necessary. Therefore, in one or more embodiments Akuta at least discloses additive(s), lacking any further structural and/or chemical distinction thereof as to said additives (also see [0058], [0114], [0120]).
Regarding claim 12, Akuta discloses the battery as discussed above in claim 1. Akuta further discloses in [0081] the hydrogel may contain a supporting material such as a woven fabric, a non-woven fabric, and a porous sheet, etc., whereby examples of the material include synthetic fibers such as polyester, nylon, polyethylene, polypropylene, etc., such that the supporting material may be positioned at any of the front surface, the rear surface, and an in-between location of the hydrogel, etc., whereby as disclosed in [0083]-[0084] the hydrogel may include a protective film on the front surface and/or the rear surface thereof, etc., whereby examples of the protective film include films formed of polyester, etc., from the group, which at least provides a separator disposed between the anode and the cathode such that the skilled artisan would appreciate that as disclosed in [0125] since the hydrogel can be used as an electrolyte layer and/or a separator between a cathode and an anode, etc., and further can contain a supporting material and/or protective film as discussed above, this at least provides said hydrogel (separator) are disposed between the anode and the cathode.
Regarding claim 13, Akuta discloses the battery as discussed above in claim 1. Akuta further discloses in [0144] said hydrogel immersed in 4M aqueous KOH solution in which zinc oxide has been dissolved, etc., so as to obtain an electrolyte component-impregnated hydrogel, etc., which at least provides the aqueous electrolyte comprises a gassing inhibitor, and wherein the gassing inhibitor comprises zinc oxide, such that the skilled artisan would appreciate that since zinc oxide is dissolved in said aqueous KOH solution so as to obtain an electrolyte component-impregnated hydrogel that this at least provides the aqueous electrolyte comprises a gassing inhibitor (i.e., at least zinc oxide), such that since zinc oxide as disclosed by Akuta is identical to the product as claimed, properties and/or functions such as gassing inhibitor are presumed inherent (MPEP 2112.01, I., II.), lacking any further chemical distinction thereof.
Regarding claim 39, Akuta discloses a battery comprising:
an anode (i.e., at least anode as discussed in [0145], also see [0058], [0062], [0068], [0124]-[0127]);
a cathode (i.e., at least cathode as discussed in [0146], also see [0124]-[0127]); and
a polymer electrolyte disposed between the anode and the cathode (i.e., at least hydrogel can be used as an electrolyte layer and/or separator between a cathode and an anode as disclosed in [0125], such that a polymer electrolyte is at least hydrogel, lacking any further distinction thereof as to said polymer electrolyte).
Akuta further discloses in Example 1a ([0180]) 20 parts by mass acrylic acid as a monofunctional monomer (i.e., at least polar vinyl monomer selected from a group consisting of acrylic acid, etc.), 80 parts by mass of ion-exchanged water, 0.34 part by mass of N,N’,N”-triacryloyldiethylenetriamine as a polyfunctional monomer (i.e., at least polyfunctional monomer has a role as a cross-linking agent as discussed in [0068]), 0.2 part by mass of Omnirad 1173 as polymerization initiator, etc., utilized to preparate a hydrogel precursor, and subsequently a sheet-like hydrogel, and further discloses in [0080] an electrolyte component may be dissolved in water, such that the hydrogel containing an electrolyte component can be used as a gel-like electrolyte, and whereby examples of the electrolyte component include sodium hydrogen (NaOH), potassium hydroxide (KOH), lithium hydroxide (LiOH), etc., such as in [0144] whereby said hydrogel is immersed in 4M aqueous KOH solution in which zinc oxide has been dissolved, etc., so as to obtain an electrolyte component-impregnated hydrogel, etc.
Since Akuta discloses the polymer electrolyte (i.e., at least hydrogel as discussed above) including the polymer matrix comprising a polar vinyl monomer such as an acrylic acid monomer, an initiator, cross-linker, etc., as discussed above this at least provides the polymer electrolyte (i.e., at least hydrogel) comprises an inert hydrophilic polymer matrix (i.e., at least polymer matrix comprising a polar vinyl monomer such as an acrylic acid monomer, an initiator, and a cross-linker as discussed above), which is at least impregnated with an aqueous electrolyte so as to obtain an electrolyte component-impregnated hydrogel (also see [0020]-[0022], [0063]-[0066]).
Furthermore, since the polymer electrolyte as disclosed by Akuta is identical to the product as claimed, properties and/or functions such as hydrophilic polymer matrix, inert, etc., are presumed inherent (MPEP 2112.01, I., II.), lacking any further chemical distinction thereof as to said inert hydrophilic polymer matrix.
However, Akuta is silent as to the polymer electrolyte penetrates into at least a portion of the anode or the cathode, wherein the anode or the cathode is a porous electrode comprising pores, and wherein the polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery. Furthermore, Akuta is silent as to the polymer electrolyte is present in pores of at least the portion of the anode or the cathode and voids of the battery through in-situ polymerization after soaking or applying a vacuum, wherein a vacuum is applied prior to an in-situ polymerization.
Faris teaches a layered electrochemical cell and manufacturing method therefor (Title). Faris further teaches in [0057]-[0058] typical alkaline batteries include a zinc powder or paste anode material, etc., whereby electrolyte, such as gelled KOH, may be incorporated in the anode material, provided in or on the separator, or a combination thereof, etc., such that as taught in [0059]-[0063] the zinc material may comprise any of the materials described above with respect to metal air cells, using zinc as the prime metal constituent ingredient, etc., whereby for example, in a sintered design, a perforated wire mesh nickel, etc., is sintered with a carbonyl nickel powder layer or layers to form a porous electrode plaque, etc., which at least provides the cathode is a porous electrode, such that the skilled artisan would appreciate that said porous cathode necessarily possesses pores so as to be porous, lacking any further distinction thereof. Since Faris teaches typical alkaline batteries include a zinc powder or paste anode material(s), porous electrode plaque(s), etc., as discussed above, whereby electrolyte, such as gelled KOH, may be incorporated in the anode material, provided in or on the separator, or a combination thereof, etc., and further teaches in [0067] an ion conducting amount of electrolyte is provided within the electrode material, etc., this at least provides polymer electrolyte penetrates into at least a portion of the anode or the cathode, as well as provides the polymer electrolyte (e.g., gelled KOH, etc.) is present in the pores of at least the portion of the anode or the cathode, such that the skilled artisan would at least appreciate in one or more embodiments that Faris at least provides said cathode and/or anode is a porous electrode as discussed above, such that said porous electrode necessarily possesses pores, lacking any further distinction thereof.
Faris further teaches in [0072] a porous material or structure may be formed (e.g., as described herein with respect to layer ref. 107) adapted to receive electrolyte gel, etc., whereby for example, a porous ionically conductive polymer may be formed in the stack ref. 100 intended to receive electrolyte upon activation of the cell, etc., which at least provides the polymer electrolyte is present in void(s) of the battery, such that a porous material or structure adapted to receive electrolyte gel at least possesses void(s) of the battery so as to be filled with electrolyte gel, and lacking any further distinction thereof (also see [0034],[0037], [0040], [0071]-[0072], [0079], [0140]).
Faris further teaches in [0034] major components including the separators and electrodes, and supporting structures (e.g., layer ref. 107 described above) and electrolytes are also discussed, etc., whereby Faris further teaches in [0040] a separator may be formed in situ on the stack, etc., whereby a combination of laminating and depositing methods may be used to form the separator, e.g., and wherein a woven or non-woven sheet is laminated and ionic conducting membrane precursor materials deposited for polymerization in situ, etc. Faris further teaches in [0098] integral electrode material (high surface active materials, etc.) and hydrogel may be formed by various techniques, whereby in one embodiment, electrode material is mixed with monomer solution to form a colloid or slurry, and this colloid or slurry may then be polymerized with the electrode materials in situ by thermal or UV radiation, etc., which at least provides the polymer electrolyte is present in pores of at least the portion of the anode or the cathode through in-situ polymerization after soaking, etc., such that the skilled artisan would appreciate that mixing a monomer solution to form a colloid or slurry at least provides said electrode material(s) of said cathode and/or anode are at least soaked, lacking any further distinction thereof.
Faris further teaches in [0072] a porous material or structure may be formed (e.g., as described herein with respect to layer ref. 107) adapted to receive electrolyte gel, etc., whereby for example, a porous ionically conductive polymer may be formed in the stack ref. 100 intended to receive electrolyte upon activation of the cell, etc., which at least provides the polymer electrolyte is present in void(s) of the battery by in situ polymerization, such that a porous material or structure adapted to receive electrolyte gel at least possesses void(s) of the battery so as to be filled with electrolyte gel as discussed above, and said voids of said battery are at least formed through in-situ polymerization after soaking so as to form said porous ionically conductive polymer in the stack intended to receive said electrolyte upon activation of the cell, and lacking any further distinction thereof as to said in-situ polymerization, soaking, etc. (also see [0034],[0037], [0040], [0071]-[0072], [0079], [0140]). Furthermore, the skilled artisan would appreciate that since said polymer electrolyte is provided (e.g., by in situ polymerization), and various components of said electrochemical cell(s) such as the porous anode and/or cathode, separator, porous supporting structure(s), etc., are taught by Faris to include said polymer electrolyte, etc., the method of forming said polymer electrolyte (i.e., in-situ polymerization) is not commensurate in scope with the product as claimed, such that since Faris teaches an identical and/or substantially identical product to that claimed within the metes and bounds of the limitation(s) the limitation are met.
Faris further teaches in [0043]-[0044] the negative electrode or anode layer ref. 102 optionally is provided with an ionic conducting medium within the anode layer, etc., whereby the formulation optimizes ion conduction rate, capacity, density, and overall depth of discharge, while maintaining shape change during cycling, etc. (also see Abstract, [0009], [0037], [0044], [0068], [0071]-[0072], [0099]-[0101])
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Akuta with the teachings of Faris, whereby the battery including the aqueous electrolyte as disclosed by Akuta further includes the polymer electrolyte penetrates into at least a portion of the anode or the cathode, wherein the anode or the cathode is a porous electrode comprising pores, and wherein the polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery, and further includes the polymer electrolyte is present in pores of at least the portion of the anode or the cathode and voids of the battery through in-situ polymerization after soaking as taught by Faris so as to optimize ion conduction rate, capacity, density, and overall depth of discharge, while maintaining shape change during cycling, etc.
Claims 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Akuta and Faris as applied to claim 1 above, or in the alternative, and further in view of Banerjee et al. (WO 2019/028160 A1), hereinafter Banerjee.
Regarding claim 5, Akuta discloses the battery as discussed above in claim 1. Akuta further discloses in [0144] said hydrogel immersed in 4M aqueous KOH solution in which zinc oxide has been dissolved, etc., so as to obtain an electrolyte component-impregnated hydrogel, etc., which at least provides the aqueous electrolyte comprises a basic solution and additives, such that the skilled artisan would appreciate that the basic solution is at least a KOH solution (i.e., potassium hydroxide from the group), and the zinc oxide is at least additives so as to be dissolved to saturation as discussed in [0144], and lacking any further distinction thereof as to said additives. Akuta further discloses in [0080] an electrolyte component may be dissolved in water, such that the hydrogel containing an electrolyte component can be used as a gel-like electrolyte, and whereby examples of the electrolyte component include sodium hydrogen (NaOH), potassium hydroxide (KOH), lithium hydroxide (LiOH) from the group. Akuta further discloses in [0085] the hydrogel may contain an additive, as necessary. Therefore, in one or more embodiments Akuta at least discloses additive(s), lacking any further structural and/or chemical distinction thereof as to said additives (also see [0058], [0114], [0120]).
In the alternative, the combined teachings of Akuta and Faris disclose the battery including the polymer electrolyte, etc., as discussed above in claim 1, and Banerjee teaches a cycling protocol for alkaline batteries (Title). Banerjee further teaches in [0050] one or more additives can be used in the electrolyte, the anode, or the cathode to control gassing during cycling of the battery, whereby said additives include, for example, bismuth, indium, indium acetate, phosphate esters, or any combination thereof can be added to the electrodes and/or electrolyte. Although Banerjee discloses a method, this necessitates said additives are provided so as to perform said method.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris with the teachings of Banerjee, whereby the battery including the aqueous electrolyte as disclosed by the combined teachings of Akuta and Faris further includes one or more additives used in the electrolyte as taught by Banerjee so as to control gassing during cycling of the battery.
Regarding claim 13, Akuta discloses the battery as discussed above in claim 1. Akuta further discloses in [0144] said hydrogel immersed in 4M aqueous KOH solution in which zinc oxide has been dissolved, etc., so as to obtain an electrolyte component-impregnated hydrogel, etc., which at least provides the aqueous electrolyte comprises a gassing inhibitor, and wherein the gassing inhibitor comprises zinc oxide, such that the skilled artisan would appreciate that since zinc oxide is dissolved in said aqueous KOH solution so as to obtain an electrolyte component-impregnated hydrogel that this at least provides the aqueous electrolyte comprises a gassing inhibitor (i.e., at least zinc oxide), such that since zinc oxide as disclosed by Akuta is identical to the product as claimed, properties and/or functions such as gassing inhibitor are presumed inherent (MPEP 2112.01, I., II.), lacking any further chemical distinction thereof.
In the alternative, the combined teachings of Akuta and Faris disclose the battery including the polymer electrolyte, etc., as discussed above in claim 1, and Banerjee teaches a cycling protocol for alkaline batteries (Title). Banerjee further teaches in [0050] one or more additives can be used in the electrolyte, the anode, or the cathode to control gassing during cycling of the battery, whereby said additives include, for example, bismuth, indium, indium acetate, phosphate esters, or any combination thereof can be added to the electrodes and/or electrolyte, which at least provides the aqueous electrolyte comprises a gassing inhibitor, and wherein the gassing inhibitor comprises indium, bismuth, etc., from the group. Although Banerjee discloses a method, this necessitates said additives are provided so as to perform said method.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris with the teachings of Banerjee, whereby the battery including the aqueous electrolyte as disclosed by the combined teachings of Akuta and Faris further includes one or more additives (i.e., at least gassing inhibitor as discussed above) used in the electrolyte as taught by Banerjee so as to control gassing during cycling of the battery.
Furthermore, since the combined teachings of Akuta and Faris and Banerjee disclose one or more additives, which is an identical product as claimed, properties and/or functions such as gassing inhibitor are presumed inherent (MPEP 2112.01, I., II.), lacking any further chemical distinction thereof.
Claims 8, 10-11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Akuta and Faris as applied to claim 1 above, and further in view of Banerjee et al. (WO 2019/028160 A1), hereinafter Banerjee.
Regarding claim 8, Akuta discloses the battery as discussed above in claim 1. Akuta further discloses examples of the electrolyte component include sodium hydrogen (NaOH), potassium hydroxide (KOH), lithium hydroxide (LiOH), etc., as discussed above in claim 1. However, Akuta appears silent as to the aqueous electrolyte has an acid or neutral pH.
The combined teachings of Akuta and Faris disclose the battery including the polymer electrolyte, etc., as discussed above in claim 1. Banerjee teaches a cycling protocol for alkaline batteries (Title). Banerjee further teaches in [0049] the electrolyte can comprise an acidic solution, alkaline solution, etc., that conducts lithium, magnesium, aluminum and zinc ions, etc., whereby the pH of the electrolyte can vary from 0-15, and the electrolyte can be in a liquid or gelled form, etc., which at least provides the aqueous electrolyte has an acid or neutral pH from the group, lacking any further distinction thereof as to said aqueous electrolyte. Although Banerjee discloses a method, this necessitates said additives are provided so as to perform said method.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris with the teachings of Banerjee, whereby the battery including the aqueous electrolyte as disclosed by the combined teachings of Akuta and Faris further includes the aqueous electrolyte has an acid or neutral pH as taught by Banerjee so as to conduct lithium, magnesium, aluminum and zinc ions, etc. Furthermore, the skilled artisan would appreciate simply substituting the electrolyte component (e.g., sodium hydrogen (NaOH), potassium hydroxide (KOH), lithium hydroxide (LiOH), etc.) as disclosed by the combined teachings of Akuta and Faris for an acidic or neutral solution with a pH of the electrolyte that can vary from 0-15 as taught by Banerjee so as to conduct, for example, lithium, magnesium, aluminum and zinc ions, etc.
Regarding claim 10, Akuta discloses the battery as discussed above in claim 1. Akuta further discloses in [0126] zinc or zinc oxide can be used as an anode.
However, Akuta appears silent as to the anode comprises a pasted porous Zn electrode, a Zn metal foil electrode, a Zn mesh electrode, or a perforated Zn metal foil electrode.
The combined teachings of Akuta and Faris disclose the battery including the polymer electrolyte, etc., as discussed above in claim 1. Banerjee teaches a cycling protocol for alkaline batteries (Title). Banerjee further teaches in Examples 1-2 ([0065]-[0067]) a pasted Zn formed the anode active material, etc., and the anode was a pasted zinc electrode, etc., and further discloses in [0049] an alkaline electrolyte, etc., can be contained within the free spaces of the electrodes, whereby in some embodiments, the electrolyte can comprise acidic solution, alkaline solution, gelled, etc., or combinations thereof that conducts lithium, magnesium, aluminum and zinc ions, etc., this at least provides the anode comprises a pasted porous Zn electrode, such that the skilled artisan would appreciate that a pasted Zn electrode is at least porous so as to allow electrolyte, etc., to be contained within free spaces of the electrodes, and lacking any further structural distinction thereof as to said porous and/or anode. Although Banerjee discloses a method, this necessitates said additives are provided so as to perform said method.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris with the teachings of Banerjee, whereby the battery including the anode as disclosed by the combined teachings of Akuta and Faris further includes the pasted porous Zn electrode as taught by Banerjee so as to allow electrolyte to be contained within the free spaces of the electrodes.
Regarding claim 11, Akuta discloses the battery as discussed above in claim 1. Akuta further discloses in [0126] nickel or a nickel alloy can be used as a cathode of a nickel-zinc secondary battery.
However, Akuta appears silent as to the cathode comprises a manganese dioxide electrode, a nickel oxyhydroxide electrode, a silver oxide electrode, or an air electrode.
The combined teachings of Akuta and Faris disclose the battery including the polymer electrolyte, etc., as discussed above in claim 1. Banerjee teaches a cycling protocol for alkaline batteries (Title). Banerjee further teaches in Examples 1-2 ([0065]-[0067]) γ-MnO2 formed the cathode active material and was used as the cathode material, which at least provides the cathode comprises a manganese dioxide electrode from the group. Banerjee further teaches in [0101] the cathode further comprises nickel oxyhydroxide, silver oxide, etc., from the group (also see [0105]). Banerjee further teaches in [0063] by increasing the charging voltage, birnessite structure can be conveniently formed in-situ while cycling a cathode, even at a relatively shallow DOD, whereby this not only enables the formation of birnessite without any other expensive additives used, but also potentially extends the cycle life of a secondary zinc manganese dioxide battery. Although Banerjee discloses a method, this necessitates said additives are provided so as to perform said method.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris with the teachings of Banerjee, whereby the battery including the cathode as disclosed by the combined teachings of Akuta and Faris further includes the manganese dioxide electrode, a nickel oxyhydroxide electrode, a silver oxide electrode, etc., as taught by Banerjee so as to potentially extends the cycle life of a secondary zinc manganese dioxide battery.
Regarding claim 14, Akuta discloses the battery as discussed above in claim 1. However, Akuta appears silent as to the battery is prismatic or cylindrical.
The combined teachings of Akuta and Faris disclose the battery including the polymer electrolyte, etc., as discussed above in claim 1. Banerjee teaches a cycling protocol for alkaline batteries (Title). Banerjee further teaches in [0032] referring to Figure 1 a battery ref. 10 has a housing ref. 6, etc., whereby Fig. 1 shows a prismatic battery arrangement, and in another embodiment the battery is a cylindrical battery, etc., which at least provides the battery is prismatic or cylindrical. Banerjee further teaches in [0027] the work described in this disclosure relates generally to methods of recharging batteries and more specifically to recharging alkaline batteries to improve cycle life and material utilization. Although Banerjee discloses a method, this necessitates said additives are provided so as to perform said method.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris with the teachings of Banerjee, whereby the battery as disclosed by the combined teachings of Akuta and Faris further includes the battery is prismatic or cylindrical as taught by Banerjee so as to recharge alkaline batteries to improve cycle life and material utilization.
Claims 8, 11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Akuta and Faris as applied to claim 1 above, and further in view of Menard et al. (U.S. PGPub US 2017/0301960 A1), hereinafter Menard.
Regarding claim 8, Akuta discloses the battery as discussed above in claim 1. Akuta further discloses examples of the electrolyte component include sodium hydrogen (NaOH), potassium hydroxide (KOH), lithium hydroxide (LiOH), etc., as discussed above in claim 1. However, Akuta appears silent as to the aqueous electrolyte has an acid or neutral pH.
The combined teachings of Akuta and Faris disclose the battery including the polymer electrolyte, etc., as discussed above in claim 1. Menard teaches a secondary cell with high recharging efficiency and long term stability (Title). Menard further teaches in [0100] the electrolyte can serve as an ion transporter such as an aqueous battery electrolyte or an aqueous electrolyte, whereby in an embodiment, the electrolyte can comprise any suitable aqueous electrolyte comprising ionic conductivity and with a pH value between 1 and 14, etc., which at least encompasses the aqueous electrolyte has an acid or neutral pH. Menard further teaches in [0002] the present disclosure relates to a manganese dioxide cathode-zinc anode cell with high recharging efficiency and long term stability, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris with the teachings of Menard, whereby the battery including the aqueous electrolyte as disclosed by the combined teachings of Akuta and Faris further includes the aqueous electrolyte has an acid or neutral pH as taught by Menard so as to provide an electrolyte that can comprise any suitable aqueous electrolyte comprising ionic conductivity and with a pH value between 1 and 14, thereby providing a manganese dioxide cathode-zinc anode cell with high recharging efficiency and long term stability. Furthermore, the skilled artisan would appreciate simply substituting the electrolyte component (e.g., sodium hydrogen (NaOH), potassium hydroxide (KOH), lithium hydroxide (LiOH), etc.) as disclosed by the combined teachings of Akuta and Faris for an acidic or neutral solution with a pH of the electrolyte that can vary from 0-14 as taught by Menard so as to provide a manganese dioxide cathode-zinc anode cell with high recharging efficiency and long term stability.
Regarding claim 11, Akuta discloses the battery as discussed above in claim 1. Akuta further discloses in [0126] nickel or a nickel alloy can be used as a cathode of a nickel-zinc secondary battery.
However, Akuta appears silent as to the cathode comprises a manganese dioxide electrode, a nickel oxyhydroxide electrode, a silver oxide electrode, or an air electrode.
The combined teachings of Akuta and Faris disclose the battery including the polymer electrolyte, etc., as discussed above in claim 1. Menard teaches a secondary cell with high recharging efficiency and long term stability (Title). Menard teaches in [0005] the present disclosure relates to a secondary cell with high recharging efficiency and stability to zinc dendrite formation, whereby the secondary cell can be manufactured in prismatic or jelly roll forms, etc., such that in either form the cell possesses a manganese dioxide cathode, etc., which at least provides the cathode comprises a manganese dioxide electrode from the group. Menard further teaches in [0002] the present disclosure relates to a manganese dioxide cathode-zinc anode cell with high recharging efficiency and long term stability, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris with the teachings of Menard, whereby the battery including the cathode as disclosed by the combined teachings of Akuta and Faris further includes the manganese dioxide electrode, etc., as taught by Menard so as to provide a manganese dioxide cathode-zinc anode cell with high recharging efficiency and long term stability.
Regarding claim 14, Akuta discloses the battery as discussed above in claim 1. However, Akuta appears silent as to the battery is prismatic or cylindrical.
The combined teachings of Akuta and Faris disclose the battery including the polymer electrolyte, etc., as discussed above in claim 1. Menard teaches a secondary cell with high recharging efficiency and long term stability (Title). Menard teaches in [0005] the present disclosure relates to a secondary cell with high recharging efficiency and stability to zinc dendrite formation, whereby the secondary cell can be manufactured in prismatic or jelly roll forms, etc., such that in either form the cell possesses a manganese dioxide cathode, etc., which at least provides the battery is prismatic from the group (also see [0008], Fig. 1, [0025], [0039], Figs. 7-8). Menard further teaches in [0002] the present disclosure relates to a manganese dioxide cathode-zinc anode cell with high recharging efficiency and long term stability, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris with the teachings of Menard, whereby the battery as disclosed by the combined teachings of Akuta and Faris further includes the battery is prismatic as taught by Menard so as to provide a manganese dioxide cathode-zinc anode cell with high recharging efficiency and long term stability.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Akuta and Faris as applied to claim 1 above, and further in view of West et al. (U.S. Patent No. US 6,673,494 B2), hereinafter West.
Regarding claim 10, Akuta discloses the battery as discussed above in claim 1. Akuta further discloses in [0126] zinc or zinc oxide can be used as an anode.
However, Akuta appears silent as to the anode comprises a pasted porous Zn electrode, a Zn metal foil electrode, a Zn mesh electrode, or a perforated Zn metal foil electrode.
The combined teachings of Akuta and Faris disclose the battery including the polymer electrolyte, etc., as discussed above in claim 1. West teaches an expanded Zinc mesh anode (Title). West further teaches C3:L58-67 the present invention provides for the use of expanded zinc mesh to increase battery performance at high discharge rates and to improve the efficiency of the anode design to decrease the amount of unreacted zinc in the oxidation-reduction reaction, etc., which at least provides a Zn mesh electrode from the group. West further teaches in C8:L29-39 a further advantage of the present invention is decreased cost, whereby the use of zinc mesh avoids the use of expensive battery-grade zinc powder which is currently in demand, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris with the teachings of West, whereby the battery including the anode as disclosed by the combined teachings of Akuta and Faris further includes the Zn mesh electrode as taught by West so as to increase battery performance at high discharge rates and to improve the efficiency of the anode design to decrease the amount of unreacted zinc in the oxidation-reduction reaction, whereby the use of zinc mesh avoids the use of expensive battery-grade zinc powder which is currently in demand.
Claims 15-18, 26-27 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Akuta and Faris as applied to claim 1 above, and further in view of Visco et al. (U.S. PGPub 2009/0311605 A1), hereinafter Visco.
Regarding claim 15, Akuta discloses the battery as discussed above in claim 1. Since Akuta discloses the polymer electrolyte comprising the inert hydrophilic polymer matrix impregnated with the aqueous electrolyte as discussed above in claim 1, this at least provides an anolyte comprising the polymer electrolyte, such that since there is no further distinction as to said anolyte, said anolyte comprising the polymer electrolyte is at least provided, so as to meet the claim limitation.
Akuta further discloses in [0081] the hydrogel may contain a supporting material such as a woven fabric, a non-woven fabric, and a porous sheet, etc., whereby examples of the material include synthetic fibers such as polyester, nylon, polyethylene, polypropylene, etc., such that the supporting material may be positioned at any of the front surface, the rear surface, and an in-between location of the hydrogel, etc., whereby as disclosed in [0083]-[0084] the hydrogel may include a protective film on the front surface and/or the rear surface thereof, etc., whereby examples of the protective film include films formed of polyester, etc., from the group, which at least provides a separator disposed between the anode and the cathode such that the skilled artisan would appreciate that as disclosed in [0125] since the hydrogel can be used as an electrolyte layer and/or a separator between a cathode and an anode, etc., and further can contain a supporting material and/or protective film as discussed above, this at least provides an anolyte comprising the polymer electrolyte, disposed in contact with the anode and not the cathode, such that since a supporting material may be positioned at any of the front/rear surface(s), etc., and/or a protective film may be on the front/rear surface(s), etc., one having ordinary skill in the art would appreciate that in at least one or more embodiments said anolyte (i.e., at least polymer electrolyte as discussed above) is at least disposed in contact with the anode and not the cathode so as to have a supporting material and/or a protective film on a front/rear surface of said polymer electrolyte (i.e., at least anolyte), lacking any further distinction thereof.
However, Akuta appears silent as to a catholyte in contact with the cathode and not the anode.
The combined teachings of Akuta and Faris disclose the battery including the polymer electrolyte, etc., as discussed above in claim 1. Visco teaches cathodes and reservoirs for aqueous lithium/air battery cells (Title). Visco further teaches in [0021] the invention provides a Li/air cell comprising a hydrogel or a hydrogel layer which may be utilized to great advantage in the cell, including improving specific energy of the cell by allowing a high loading of active and supporting electrolyte salts, both of which may be dissolved in the catholyte or present in the form of un-dissolved solids (e.g., active solid phase salts and solid supporting salt (e.g., lithium salts including LiCl, LiBr and LiI), whereby in various embodiments, the hydrogels are disposed in the cathode compartment between the anode and the cathode, and their swelling properties make them particularly suitable for retaining large amounts of water absorbed by the catholyte during discharge, and by this expedient preventing catholyte leakage, and further teaches in [0148] the hydrogels of the current invention can be based on both natural and synthetic polymers and can be physical gels or chemical gels, whereby hydrophilic polymers are used to synthesize hydrogel matrix, etc. Visco further teaches in [0082] referring to Fig. 1, the cathode compartment ref. 4 comprises an air cathode ref. 5 and an aqueous catholyte ref. 6, which is disposed between the cathode ref. 5 and the solid electrolyte protective membrane ref. 2 and is in direct contact with the cathode ref. 5 for reducing molecular oxygen, etc., and further teaches in [0147] the hydrogel reservoir layer disposed between the cathode and the solid electrolyte protective membrane, etc., whereby in this case the hydrogel reservoir layers absorb water and swell, thereby preventing leakage from the cathode compartment, which at least provides a catholyte in contact with the cathode and not the anode.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris with the teachings of Visco, whereby the battery including the cathode as disclosed by the combined teachings of Akuta and Faris further includes the a catholyte in contact with the cathode and not the anode as taught by Visco so as to be particularly suitable for retaining large amounts of water absorbed by the catholyte during discharge, and by this expedient preventing catholyte leakage.
Regarding claims 16-17, Akuta discloses the battery as discussed above in claim 15. Akuta further discloses in Example 1a ([0180]) 20 parts by mass acrylic acid as a monofunctional monomer (i.e., at least polar vinyl monomer selected from a group consisting of acrylic acid, etc. with regards to claims 16-17), 80 parts by mass of ion-exchanged water, 0.34 part by mass of N,N’,N”-triacryloyldiethylenetriamine as a polyfunctional monomer (i.e., at least polyfunctional monomer has a role as a cross-linking agent as discussed in [0068], with regards to claim 16), 0.2 part by mass of Omnirad 1173 as polymerization initiator, etc., utilized to preparate a hydrogel precursor, and subsequently a sheet-like hydrogel, and further discloses in [0080] an electrolyte component may be dissolved in water, such that the hydrogel containing an electrolyte component can be used as a gel-like electrolyte, and whereby examples of the electrolyte component include sodium hydrogen (NaOH), potassium hydroxide (KOH), lithium hydroxide (LiOH), etc., such as in [0144] whereby said hydrogel is immersed in 4M aqueous KOH solution in which zinc oxide has been dissolved, etc., so as to obtain an electrolyte component-impregnated hydrogel, etc.
Regarding claim 18, Akuta discloses the battery as discussed above in claim 16. Since Akuta discloses in Example 1a ([0180]) 20 parts by mass acrylic acid as a monofunctional monomer (i.e., at least polar vinyl monomer selected from a group consisting of acrylic acid, etc.), 80 parts by mass of ion-exchanged water, 0.34 part by mass of N,N’,N”-triacryloyldiethylenetriamine as a polyfunctional monomer (i.e., at least polyfunctional monomer has a role as a cross-linking agent as discussed in [0068]), 0.2 part by mass of Omnirad 1173 as polymerization initiator, etc., utilized to preparate a hydrogel precursor, and subsequently a sheet-like hydrogel, this at least provides a 100.54 parts, such that the polar vinyl monomer (i.e., acrylic acid) is present in an amount of 20×100/100.54 = 19.89 wt.%, and further provides the cross-linker (i.e., at least at least polyfunctional monomer as discussed above in claims 1-2), is present in 0.34×100/100.54 = 0.33 wt.%, which at least provides values that are within the claimed ranges of the polar vinyl monomer is present in an amount in a range of 5 wt.% to 50 wt.%, and the cross-linker is present in an amount in a range of 0.001 wt.% to 5 wt.%, based on the weight of the aqueous electrolyte prior to polymerization, thus a prima facie case of anticipation exists (MPEP 2131.03, I., II.).
Akuta further discloses in [0119] it is preferable that a use amount of the polymerization initiator is 0.05 to 5 parts by mass, based on the total of 100 parts by mass of all monomers (monofunctional monomer, polyfunctional monomer, etc.), whereby when the use amount is less than 0.05 part by mass, a polymerization reaction does not sufficiently proceed, and an unpolymerized monomer may remain in the resulting hydrogel, and when the use amount is more than 5 parts by mass, the hydrogel may have an odor due to the residue of the polymerization initiator after a polymerization reaction, or physical properties may be deteriorated by influence of the residue.
Since Akuta teaches the initiator is present in 0.2×100/(20+0.34+0.2) = 0.97 wt.% based on the total amount of by mass of all monomers (i.e., monofunctional, polyfunctional, etc. as discussed above), and further discloses a use amount of the polymerization initiator is 0.05 to 5 parts by mass, based on the total of 100 parts by mass of all monomers, one having ordinary skill in the art before the effective filing date would appreciate that Akuta at least discloses the initiator is a result effective variable (MPEP 2144.05, II., A.), such that adjusting the initiator wt.% within the aforementioned range would at least ensure a polymerization reaction does sufficiently proceed, as well as would ensure avoiding the hydrogel having an odor due to the residue of the polymerization initiator after a polymerization reaction, or physical properties being deteriorated by influence of the residue.
Furthermore, in continuing with Example 1a ([0180]) since Akuta discloses 20 parts by mass acrylic acid as a monofunctional monomer (i.e., at least polar vinyl monomer selected from a group consisting of acrylic acid, etc.), 80 parts by mass of ion-exchanged water, 0.34 part by mass of N,N’,N”-triacryloyldiethylenetriamine as a polyfunctional monomer (i.e., at least polyfunctional monomer has a role as a cross-linking agent as discussed in [0068]), and Omnirad 1173 as polymerization initiator, etc., and since Akuta discloses a use amount of the polymerization initiator is 0.05 to 5 parts by mass, based on the total of 100 parts by mass of all monomers (monofunctional monomer, polyfunctional monomer, etc.), this at least provides 20.34 (i.e., summation of monofunctional and polyfunctional monomer(s)), and as an example provided by the examiner when 0.011 parts of initiator is provided at least provides 0.011×100/(20+0.34+0.011+80) = 0.01 wt.%, which is provides a range of values of the initiator that overlaps and/or encompasses the claimed range of the initiator is present in the amount in a range of 0.001 wt.% to 0.1 wt.%, based on the weight of the aqueous electrolyte prior to polymerization, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Regarding claim 26, Akuta discloses the battery as discussed above in claim 15. Akuta further discloses in [0081] the hydrogel may contain a supporting material such as a woven fabric, a non-woven fabric, and a porous sheet, etc., whereby examples of the material include synthetic fibers such as polyester, nylon, polyethylene, polypropylene, etc., such that the supporting material may be positioned at any of the front surface, the rear surface, and an in-between location of the hydrogel, etc., whereby as disclosed in [0083]-[0084] the hydrogel may include a protective film on the front surface and/or the rear surface thereof, etc., whereby examples of the protective film include films formed of polyester, etc., from the group, which at least provides a separator disposed between the anode and the cathode such that the skilled artisan would appreciate that as disclosed in [0125] since the hydrogel can be used as an electrolyte layer and/or a separator between a cathode and an anode, etc., and further can contain a supporting material and/or protective film as discussed above, this at least provides said hydrogel (separator) are disposed between the anode and the cathode.
Regarding claim 27, Akuta discloses the battery as discussed above in claim 15. Akuta further discloses in [0144] said hydrogel immersed in 4M aqueous KOH solution in which zinc oxide has been dissolved, etc., so as to obtain an electrolyte component-impregnated hydrogel, etc., which at least provides the aqueous electrolyte comprises a gassing inhibitor, and wherein the gassing inhibitor comprises zinc oxide, such that the skilled artisan would appreciate that since zinc oxide is dissolved in said aqueous KOH solution so as to obtain an electrolyte component-impregnated hydrogel that this at least provides the aqueous electrolyte comprises a gassing inhibitor (i.e., at least zinc oxide), such that since zinc oxide as disclosed by Akuta is identical to the product as claimed, properties and/or functions such as gassing inhibitor are presumed inherent (MPEP 2112.01, I., II.), lacking any further chemical distinction thereof.
Regarding claim 29, Akuta discloses the battery as discussed above in claim 15. However, Akuta is silent as to the catholyte comprises a second inert hydrophilic polymer matrix impregnated with a second aqueous electrolyte.
The combined teachings of Akuta and Faris disclose the battery including the polymer electrolyte, etc., as discussed above in at least claim 15. Visco teaches cathodes and reservoirs for aqueous lithium/air battery cells (Title). Visco further teaches in [0021] the invention provides a Li/air cell comprising a hydrogel or a hydrogel layer which may be utilized to great advantage in the cell, including improving specific energy of the cell by allowing a high loading of active and supporting electrolyte salts, both of which may be dissolved in the catholyte or present in the form of un-dissolved solids (e.g., active solid phase salts and solid supporting salt (e.g., lithium salts including LiCl, LiBr and LiI), whereby in various embodiments, the hydrogels are disposed in the cathode compartment between the anode and the cathode, and their swelling properties make them particularly suitable for retaining large amounts of water absorbed by the catholyte during discharge, and by this expedient preventing catholyte leakage, and further teaches in [0148] the hydrogels of the current invention can be based on both natural and synthetic polymers and can be physical gels or chemical gels, whereby hydrophilic polymers are used to synthesize hydrogel matrix, which at least provides the catholyte comprises a second hydrophilic polymer matrix impregnated with a second aqueous electrolyte. Furthermore, Visco teaches in [0148] in one particular embodiment the hydrogel reservoir layer based on crosslinked polyacrylamide is fabricated by casting the gel electrolyte prepared by adding ammonium persulfate (as a polymerization initiator) and N,N,N',N'-Tetrmethylenediamine (as an accelerator) to the mixture of acrylamide monomer and bis-acrylamide crosslinker dissolved in water, whereby in one case, an active salt and a supporting Li salt are also added to that solution in such concentrations that the formed hydrogel electrolyte layer contains completely dissolved active and supporting salts.
Since Visco teaches the hydrophilic polymer matrix (i.e., at least hydrogel as discussed above) including the polymer matrix comprising a polar vinyl monomer such as an acrylamide monomer, an initiator, cross-linker, etc., as discussed above this at least provides the polymer electrolyte (i.e., at least hydrogel) comprises an inert hydrophilic polymer matrix (i.e., at least polymer matrix comprising a polar vinyl monomer such as acrylamide monomer, an initiator, and a cross-linker as discussed above), which is at least impregnated with a second aqueous electrolyte so as to provide an active salt and a supporting Li salt are also added to that solution (water) in such concentrations that the formed hydrogel electrolyte layer contains completely dissolved active and supporting salts.
Furthermore, since the polymer electrolyte as disclosed by Visco is identical to the product as claimed, properties and/or functions such as hydrophilic polymer matrix, inert, etc., are presumed inherent (MPEP 2112.01, I., II.), lacking any further chemical distinction thereof as to said inert hydrophilic polymer matrix.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris with the teachings of Visco, whereby the battery including the cathode as disclosed by the combined teachings of Akuta and Faris further includes the catholyte comprises a second inert hydrophilic polymer matrix impregnated with a second aqueous electrolyte as taught by Visco so as to be particularly suitable for retaining large amounts of water absorbed by the catholyte during discharge, and by this expedient preventing catholyte leakage.
Claims 19 are rejected under 35 U.S.C. 103 as being unpatentable over Akuta and Faris and Visco as applied to claim 15 above, or in the alternative, and further in view of Banerjee et al. (WO 2019/028160 A1), hereinafter Banerjee.
Regarding claim 19, Akuta discloses the battery as discussed above in claim 15. Akuta further discloses in [0144] said hydrogel immersed in 4M aqueous KOH solution in which zinc oxide has been dissolved, etc., so as to obtain an electrolyte component-impregnated hydrogel, etc., which at least provides the aqueous electrolyte comprises a basic solution and additives, such that the skilled artisan would appreciate that the basic solution is at least a KOH solution (i.e., potassium hydroxide from the group), and the zinc oxide is at least additives so as to be dissolved to saturation as discussed in [0144], and lacking any further distinction thereof as to said additives. Akuta further discloses in [0080] an electrolyte component may be dissolved in water, such that the hydrogel containing an electrolyte component can be used as a gel-like electrolyte, and whereby examples of the electrolyte component include sodium hydrogen (NaOH), potassium hydroxide (KOH), lithium hydroxide (LiOH) from the group. Akuta further discloses in [0085] the hydrogel may contain an additive, as necessary. Therefore, in one or more embodiments Akuta at least discloses additive(s), lacking any further structural and/or chemical distinction thereof as to said additives (also see [0058], [0114], [0120]).
In the alternative, the combined teachings of Akuta and Faris and Visco disclose the battery including the polymer electrolyte, etc., as discussed above in claim 15. Banerjee teaches a cycling protocol for alkaline batteries (Title). Banerjee further teaches in [0050] one or more additives can be used in the electrolyte, the anode, or the cathode to control gassing during cycling of the battery, whereby said additives include, for example, bismuth, indium, indium acetate, phosphate esters, or any combination thereof can be added to the electrodes and/or electrolyte. Although Banerjee discloses a method, this necessitates said additives are provided so as to perform said method.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris and Visco with the teachings of Banerjee, whereby the battery including the aqueous electrolyte as disclosed by Akuta and Faris and Visco further includes one or more additives used in the electrolyte as taught by Banerjee so as to control gassing during cycling of the battery.
Claims 22, 24-25 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Akuta and Faris and Visco as applied to claim 15 above, and further in view of Banerjee et al. (WO 2019/028160 A1), hereinafter Banerjee.
Regarding claim 22, Akuta discloses the battery as discussed above in claim 15. Akuta further discloses examples of the electrolyte component include sodium hydrogen (NaOH), potassium hydroxide (KOH), lithium hydroxide (LiOH), etc., as discussed above in claim 1. However, Akuta appears silent as to the aqueous electrolyte has an acid or neutral pH.
The combined teachings of Akuta and Faris and Visco disclose the battery as discussed above in claim 15. Banerjee teaches a cycling protocol for alkaline batteries (Title). Banerjee further teaches in [0049] the electrolyte can comprise an acidic solution, alkaline solution, etc., that conducts lithium, magnesium, aluminum and zinc ions, etc., whereby the pH of the electrolyte can vary from 0-15, and the electrolyte can be in a liquid or gelled form, etc., which at least provides the aqueous electrolyte has an acid or neutral pH from the group, lacking any further distinction thereof as to said aqueous electrolyte. Although Banerjee discloses a method, this necessitates said additives are provided so as to perform said method.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris and Visco with the teachings of Banerjee, whereby the battery including the aqueous electrolyte as disclosed by the combined teachings of Akuta and Faris and Visco further includes the aqueous electrolyte has an acid or neutral pH as taught by Banerjee so as to conduct lithium, magnesium, aluminum and zinc ions, etc. Furthermore, the skilled artisan would appreciate simply substituting the electrolyte component (e.g., sodium hydrogen (NaOH), potassium hydroxide (KOH), lithium hydroxide (LiOH), etc.) as disclosed by the combined teachings of Akuta and Faris and Visco for an acidic or neutral solution with a pH of the electrolyte that can vary from 0-15 as taught by Banerjee so as to conduct, for example, lithium, magnesium, aluminum and zinc ions, etc.
Regarding claim 24, Akuta discloses the battery as discussed above in claim 15. Akuta further discloses in [0126] zinc or zinc oxide can be used as an anode.
However, Akuta appears silent as to the anode comprises a pasted porous Zn electrode, a Zn metal foil electrode, a Zn mesh electrode, or a perforated Zn metal foil electrode.
The combined teachings of Akuta and Faris and Visco disclose the battery as discussed above in claim 15. Banerjee teaches a cycling protocol for alkaline batteries (Title). Banerjee further teaches in Examples 1-2 ([0065]-[0067]) a pasted Zn formed the anode active material, etc., and the anode was a pasted zinc electrode, etc., and further discloses in [0049] an alkaline electrolyte, etc., can be contained within the free spaces of the electrodes, whereby in some embodiments, the electrolyte can comprise acidic solution, alkaline solution, gelled, etc., or combinations thereof that conducts lithium, magnesium, aluminum and zinc ions, etc., this at least provides the anode comprises a pasted porous Zn electrode, such that the skilled artisan would appreciate that a pasted Zn electrode is at least porous so as to allow electrolyte, etc., to be contained within free spaces of the electrodes, and lacking any further structural distinction thereof as to said porous and/or anode. Although Banerjee discloses a method, this necessitates said additives are provided so as to perform said method.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris and Visco with the teachings of Banerjee, whereby the battery including the anode as disclosed by the combined teachings of Akuta and Faris and Visco further includes the pasted porous Zn electrode as taught by Banerjee so as to allow electrolyte to be contained within the free spaces of the electrodes.
Regarding claim 25, Akuta discloses the battery as discussed above in claim 15. Akuta further discloses in [0126] nickel or a nickel alloy can be used as a cathode of a nickel-zinc secondary battery.
However, Akuta appears silent as to the cathode comprises a manganese dioxide electrode, a nickel oxyhydroxide electrode, a silver oxide electrode, or an air electrode.
The combined teachings of Akuta and Faris and Visco disclose the battery as discussed above in claim 15. Banerjee teaches a cycling protocol for alkaline batteries (Title). Banerjee further teaches in Examples 1-2 ([0065]-[0067]) γ-MnO2 formed the cathode active material and was used as the cathode material, which at least provides the cathode comprises a manganese dioxide electrode from the group. Banerjee further teaches in [0101] the cathode further comprises nickel oxyhydroxide, silver oxide, etc., from the group (also see [0105]). Banerjee further teaches in [0063] by increasing the charging voltage, birnessite structure can be conveniently formed in-situ while cycling a cathode, even at a relatively shallow DOD, whereby this not only enables the formation of birnessite without any other expensive additives used, but also potentially extends the cycle life of a secondary zinc manganese dioxide battery. Although Banerjee discloses a method, this necessitates said additives are provided so as to perform said method.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris and Visco with the teachings of Banerjee, whereby the battery including the cathode as disclosed by the combined teachings of Akuta and Faris and Visco further includes the manganese dioxide electrode, a nickel oxyhydroxide electrode, a silver oxide electrode, etc., as taught by Banerjee so as to potentially extends the cycle life of a secondary zinc manganese dioxide battery.
Regarding claim 28, Akuta discloses the battery as discussed above in claim 15. However, Akuta appears silent as to the battery is prismatic or cylindrical.
The combined teachings of Akuta and Faris and Visco disclose the battery as discussed above in claim 15. Banerjee teaches a cycling protocol for alkaline batteries (Title). Banerjee further teaches in [0032] referring to Figure 1 a battery ref. 10 has a housing ref. 6, etc., whereby Fig. 1 shows a prismatic battery arrangement, and in another embodiment the battery is a cylindrical battery, etc., which at least provides the battery is prismatic or cylindrical. Banerjee further teaches in [0027] the work described in this disclosure relates generally to methods of recharging batteries and more specifically to recharging alkaline batteries to improve cycle life and material utilization. Although Banerjee discloses a method, this necessitates said additives are provided so as to perform said method.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris and Visco with the teachings of Banerjee, whereby the battery as disclosed by the combined teachings of Akuta and Faris and Visco further includes the battery is prismatic or cylindrical as taught by Banerjee so as to recharge alkaline batteries to improve cycle life and material utilization.
Claims 22, 25 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Akuta and Faris and Visco as applied to claim 15 above, and further in view of Menard et al. (U.S. PGPub US 2017/0301960 A1), hereinafter Menard.
Regarding claim 22, Akuta discloses the battery as discussed above in claim 15. Akuta further discloses examples of the electrolyte component include sodium hydrogen (NaOH), potassium hydroxide (KOH), lithium hydroxide (LiOH), etc., as discussed above in claim 1. However, Akuta appears silent as to the aqueous electrolyte has an acid or neutral pH.
The combined teachings of Akuta and Faris and Visco disclose the battery as discussed above in claim 15. Menard teaches a secondary cell with high recharging efficiency and long term stability (Title). Menard further teaches in [0100] the electrolyte can serve as an ion transporter such as an aqueous battery electrolyte or an aqueous electrolyte, whereby in an embodiment, the electrolyte can comprise any suitable aqueous electrolyte comprising ionic conductivity and with a pH value between 1 and 14, etc., which at least encompasses the aqueous electrolyte has an acid or neutral pH. Menard further teaches in [0002] the present disclosure relates to a manganese dioxide cathode-zinc anode cell with high recharging efficiency and long term stability, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris and Visco with the teachings of Menard, whereby the battery including the aqueous electrolyte as disclosed by the combined teachings of Akuta and Faris and Visco further includes the aqueous electrolyte has an acid or neutral pH as taught by Menard so as to provide an electrolyte that can comprise any suitable aqueous electrolyte comprising ionic conductivity and with a pH value between 1 and 14, thereby providing a manganese dioxide cathode-zinc anode cell with high recharging efficiency and long term stability. Furthermore, the skilled artisan would appreciate simply substituting the electrolyte component (e.g., sodium hydrogen (NaOH), potassium hydroxide (KOH), lithium hydroxide (LiOH), etc.) as disclosed by Akuta for an acidic or neutral solution with a pH of the electrolyte that can vary from 0-14 as taught by Menard so as to provide a manganese dioxide cathode-zinc anode cell with high recharging efficiency and long term stability.
Regarding claim 25, Akuta discloses the battery as discussed above in claim 15. Akuta further discloses in [0126] nickel or a nickel alloy can be used as a cathode of a nickel-zinc secondary battery.
However, Akuta appears silent as to the cathode comprises a manganese dioxide electrode, a nickel oxyhydroxide electrode, a silver oxide electrode, or an air electrode.
The combined teachings of Akuta and Faris and Visco disclose the battery as discussed above in claim 15. Menard teaches a secondary cell with high recharging efficiency and long term stability (Title). Menard teaches in [0005] the present disclosure relates to a secondary cell with high recharging efficiency and stability to zinc dendrite formation, whereby the secondary cell can be manufactured in prismatic or jelly roll forms, etc., such that in either form the cell possesses a manganese dioxide cathode, etc., which at least provides the cathode comprises a manganese dioxide electrode from the group. Menard further teaches in [0002] the present disclosure relates to a manganese dioxide cathode-zinc anode cell with high recharging efficiency and long term stability, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris and Visco with the teachings of Menard, whereby the battery including the cathode as disclosed by the combined teachings of Akuta and Faris and Visco further includes the manganese dioxide electrode, etc., as taught by Menard so as to provide a manganese dioxide cathode-zinc anode cell with high recharging efficiency and long term stability.
Regarding claim 28, Akuta discloses the battery as discussed above in claim 15. However, Akuta appears silent as to the battery is prismatic or cylindrical.
The combined teachings of Akuta and Faris and Visco disclose the battery as discussed above in claim 15. Menard teaches a secondary cell with high recharging efficiency and long term stability (Title). Menard teaches in [0005] the present disclosure relates to a secondary cell with high recharging efficiency and stability to zinc dendrite formation, whereby the secondary cell can be manufactured in prismatic or jelly roll forms, etc., such that in either form the cell possesses a manganese dioxide cathode, etc., which at least provides the battery is prismatic from the group (also see [0008], Fig. 1, [0025], [0039], Figs. 7-8). Menard further teaches in [0002] the present disclosure relates to a manganese dioxide cathode-zinc anode cell with high recharging efficiency and long term stability, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris and Visco with the teachings of Menard, whereby the battery as disclosed by the combined teachings of Akuta and Faris and Visco further includes the battery is prismatic as taught by Menard so as to provide a manganese dioxide cathode-zinc anode cell with high recharging efficiency and long term stability.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Akuta and Faris and Visco as applied to claim 15 above, and further in view of West et al. (U.S. Patent No. US 6,673,494 B2), hereinafter West.
Regarding claim 24, Akuta discloses the battery as discussed above in claim 15. Akuta further discloses in [0126] zinc or zinc oxide can be used as an anode.
However, Akuta appears silent as to the anode comprises a pasted porous Zn electrode, a Zn metal foil electrode, a Zn mesh electrode, or a perforated Zn metal foil electrode.
The combined teachings of Akuta and Faris and Visco disclose the battery as discussed above in claim 15. West teaches an expanded Zinc mesh anode (Title). West further teaches C3:L58-67 the present invention provides for the use of expanded zinc mesh to increase battery performance at high discharge rates and to improve the efficiency of the anode design to decrease the amount of unreacted zinc in the oxidation-reduction reaction, etc., which at least provides a Zn mesh electrode from the group. West further teaches in C8:L29-39 a further advantage of the present invention is decreased cost, whereby the use of zinc mesh avoids the use of expensive battery-grade zinc powder which is currently in demand, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris and Visco with the teachings of West, whereby the battery including the anode as disclosed by the combined teachings of Akuta and Faris and Visco further includes the Zn mesh electrode as taught by West so as to increase battery performance at high discharge rates and to improve the efficiency of the anode design to decrease the amount of unreacted zinc in the oxidation-reduction reaction, whereby the use of zinc mesh avoids the use of expensive battery-grade zinc powder which is currently in demand.
Claims 30 is rejected under 35 U.S.C. 103 as being unpatentable over Akuta and Faris and Visco as applied to claim 15 above, and further in view of Blurton et al. (U.S. Patent No. US 4,220,690), hereinafter Blurton.
Regarding claim 30, Akuta discloses the battery as discussed above in claim 15. However, Akuta is silent as to the catholyte and the anolyte have different pH values.
The combined teachings of Akuta and Faris and Visco disclose the battery as discussed above in claim 15. Blurton teaches a secondary zinc/oxygen electrochemical cells using inorganic oxyacid electrolytes (Title). Blurton further teaches in C4:L12-37 the electrolyte used in the zinc/oxygen electrochemical cell of this invention is an aqueous inorganic oxyacid electrolyte, etc., whereby the electrolyte should be maintained at a pH of about 0.5 to about 6.0, preferably from about 0.5 to about 4.0, whereby it is particularly preferred that the pH of the anolyte portion of the electrolyte be maintained at about 1.0 to 4.0 and the pH of the catholyte portion of the electrolyte maintained at about 0.5 to 3.0 for most efficient operation, which at least provides a range of values of the pH of the catholyte and anolyte that at least encompass and/or overlap the catholyte and the anolyte have different pH values, thus a prima facie case of obviousness exists (MPEP 2144.05, I.). Blurton further teaches in C2:L47-51 it is yet another object of this invention to provide a secondary zinc/oxygen electrochemical cell having an aqueous inorganic oxyacid electrolyte providing higher open circuit voltages than prior zinc/oxygen electrochemical cells having basic electrolytes.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris and Visco with the teachings of Blurton, whereby the battery as disclosed by the combined teachings of Akuta and Faris and Visco further includes the catholyte and the anolyte have different pH values as taught by West so as to provide a secondary zinc/oxygen electrochemical cell having an aqueous inorganic oxyacid electrolyte providing higher open circuit voltages than prior zinc/oxygen electrochemical cells having basic electrolytes.
Claims 40 is rejected under 35 U.S.C. 103 as being unpatentable over Akuta and Faris as applied to claim 39 above, and further in view of Tsai et al. (U.S. PGPub US 2014/0186718 A1), hereinafter Tsai.
Regarding claim 40, Akuta discloses the battery as discussed above in claim 39. However, Akuta is silent as to the polymer electrolyte is present in pores of at least the portion of the anode or the cathode and voids of the battery through in-situ polymerization after applying the vacuum prior to the in-situ polymerization.
The combined teachings of Akuta and Faris disclose the battery including the polymer electrolyte present in the pores of at least a portion of the anode or the cathode and voids of the battery through in-situ polymer as discussed above in claim 39.
Tsai teaches gel polymer electrolyte and lithium polymer battery (Title). Tsai further teaches in [0049] the gel electrolyte is formed by impregnating the aforementioned hyper-branched polymer P with the electrolyte solution is formed by offering a prepolymer (a) through an addition reaction, etc., and after filling the prepolymer (a) into the space within the battery casing, etc., whereby the aforementioned hyper-branched polymer P is polymerized in-situ (in the battery cavity) and no coating process is required, which simplifies the process steps and lowers the production costs, etc. (also see [0045]). Tsai further teaches in [0068] through polymerization in-situ, the gel polymer electrolyte(s) of this disclosure is compatible with the vacuum filling process of the batteries, which avoids the bottleneck coating process for spreading the gel electrolyte, etc., which at least provides in-situ polymerization after applying the vacuum prior to the in-situ polymerization, such that the skilled artisan would appreciate that the vacuum filling process is at least prior to in-situ polymerization, lacking any further distinction thereof.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Akuta and Faris with the teachings of Tsai, whereby the battery including the aqueous electrolyte and the polymer electrolyte penetrates into at least a portion of the anode or the cathode, wherein the anode or the cathode is a porous electrode comprising pores, and wherein the polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery, and the polymer electrolyte is present in pores of at least the portion of the anode or the cathode and voids of the battery through in-situ polymerization after soaking as taught by the combined teachings of Akuta and Faris further includes in-situ polymerization after applying the vacuum prior to the in-situ polymerization so that no coating process is required, which simplifies the process steps and lowers the production costs, etc.
Response to Arguments
Rejection of Claim 1 Under 35 U.S.C. 103 (With regards to claim 1)
The combination of Akuta and Faris, as alleged, fails to teach or suggest a polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery.
Applicants argue Page 11, “The combination of Akuta and Faris, as alleged, fails to teach or suggest all claim features. Claim 1 defines, in part, " the polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery". Thus, claim 1 defines the polymer electrolyte being present in two distinct locations simultaneously: 1) in the pores of at least a portion of the anode or cathode (interpenetrating an electrode structure), AND 2) in the voids of the battery (the spaces between battery components).
The examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C. 103 rejection of record, since Faris teaches typical alkaline batteries include a zinc powder or paste anode material(s), porous electrode plaque(s), etc., as discussed above in the current 35 U.S.C. 103 rejection of record, whereby electrolyte, such as gelled KOH, may be incorporated in the anode material, provided in or on the separator, or a combination thereof, etc., and further teaches in [0067] an ion conducting amount of electrolyte is provided within the electrode material, etc., this at least provides polymer electrolyte penetrates into at least a portion of the anode or the cathode, as well as provides the polymer electrolyte (e.g., gelled KOH, etc.) is present in the pores of at least the portion of the anode or the cathode, such that the skilled artisan would at least appreciate in one or more embodiments that Faris at least provides said cathode and/or anode is a porous electrode as discussed above, such that said porous electrode necessarily possesses pores, lacking any further distinction thereof.
Furthermore, the examiner asserts that Faris further teaches in [0072] a porous material or structure may be formed (e.g., as described herein with respect to layer ref. 107) adapted to receive electrolyte gel, etc., whereby for example, a porous ionically conductive polymer may be formed in the stack ref. 100 intended to receive electrolyte upon activation of the cell, etc., which at least provides the polymer electrolyte is present in void(s) of the battery, such that a porous material or structure adapted to receive electrolyte gel at least possesses void(s) of the battery so as to be filled with electrolyte gel, and lacking any further distinction thereof (also see [0034],[0037], [0040], [0071]-[0072], [0079], [0140]).
Therefore, the examiner maintains that the skilled artisan would appreciate that the combined teachings of Akuta and Faris at least meet the claim limitations with proper motivation, whereby the battery including the aqueous electrolyte as disclosed by Akuta further includes the polymer electrolyte penetrates into at least a portion of the anode or the cathode, wherein the anode or the cathode is a porous electrode comprising pores, and wherein the polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery as taught by Faris so as to optimize ion conduction rate, capacity, density, and overall depth of discharge, while maintaining shape change during cycling, etc.
Furthermore, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., (interpenetrating an electrode structure)) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Therefore, the examiner maintains that the combined teachings of Akuta and Faris at least meet the claim limitations under broadest reasonable interpretation, such that a portion, voids of the battery, etc., are broad in scope, lacking any further structural distinction thereof.
Applicants further argue Page 12, “The electrode material is mixed with monomer to form a colloid or slurry, then polymerized. The procedure of Faris is fundamentally different polymerizing in-situ because Faris's method of "mixing" creates a composite material, and does not penetrate pre-existing pores. Thus, the monomer is in the electrode material, not a separate electrolyte structure. See, e.g., paragraph [0098] of Faris. The porous structures adapted to receive electrolyte are disclosed, particularly for the layer 107 adjacent to the electrode adapted to receive an electrolytic liquid or gel. See, e.g., FIGURE 2A and paragraph [0072] of Faris. Even layer 107 merely suggests voids to be filled, but not penetration into pores. The electrode may form a porous electrode for impregnation with a solution of an electrochemically active material precursor, typically nickel nitrate or a three-dimensional porous substrate 530 of a cathode 506 (paragraphs [0062] and [0125] of Faris. Moreover, the reference to "in-situ" in Faris relates to forming integral electrode/hydrogel materials (paragraph [0098] of Faris), not to creating the dual-location polymer electrolyte structure in the pores and voids of claim 1.”
The examiner respectfully asserts that the method of making is not commensurate in scope with the product as claimed in at least claim 1. For example, the examiner asserts that the argument “The procedure of Faris is fundamentally different polymerizing in-situ because Faris's method of "mixing" creates a composite material, and does not penetrate pre-existing pores.”, is not commensurate in scope with the product as claimed, whereby since the combined teachings of Akuta and Faris disclose the claim limitations which are identical and/or substantially identical to the product as claimed the claim limitations are met, lacking any further structural and/or chemical distinction thereof.
Furthermore, as to Applicants arguments, “The electrode may form a porous electrode for impregnation with a solution of an electrochemically active material precursor, typically nickel nitrate or a three-dimensional porous substrate 530 of a cathode 506 (paragraphs [0062] and [0125] of Faris. Moreover, the reference to "in-situ" in Faris relates to forming integral electrode/hydrogel materials (paragraph [0098] of Faris), not to creating the dual-location polymer electrolyte structure in the pores and voids of claim 1”, the examiner asserts that the skilled artisan would appreciate that the combined teachings of Akuta and Faris at least meet the claim limitations with proper motivation, whereby the battery including the aqueous electrolyte as disclosed by Akuta further includes the polymer electrolyte penetrates into at least a portion of the anode or the cathode, wherein the anode or the cathode is a porous electrode comprising pores, and wherein the polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery as taught by Faris so as to optimize ion conduction rate, capacity, density, and overall depth of discharge, while maintaining shape change during cycling, etc.
Therefore, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., polymerizing in-situ) are not recited in the rejected claim(s) (i.e., at least claim 1). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Therefore, the examiner maintains that the combined teachings of Akuta and Faris at least meet the claim limitations under broadest reasonable interpretation, such that a portion, voids of the battery, etc., are broad in scope, lacking any further structural distinction thereof.
Applicants further argue Page 12, “What is more, this unique structure provides advantages not achievable with Akuta's separator-only approach or Faris's mixed-material approach, namely, 1) enhanced ionic conductivity through continuous polymer pathways, and 2) better electrode/electrolyte contact. See, e.g., Applicant's specification at paragraph [0025]. Without an explicit teaching of this specific dual-location structure and how to achieve it, the combination fails to render claim 1 obvious.”
The examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C. 103 rejection of record, and discussed above the skilled artisan would appreciate that the combined teachings of Akuta and Faris at least meet the claim limitations with proper motivation, whereby the battery including the aqueous electrolyte as disclosed by Akuta further includes the polymer electrolyte penetrates into at least a portion of the anode or the cathode, wherein the anode or the cathode is a porous electrode comprising pores, and wherein the polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery as taught by Faris so as to optimize ion conduction rate, capacity, density, and overall depth of discharge, while maintaining shape change during cycling, etc.
Therefore, the examiner maintains that the combined teachings of Akuta and Faris at least meet the claim limitations under broadest reasonable interpretation, such that a portion, voids of the battery, etc., are broad in scope, lacking any further structural distinction thereof.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
The proposed modification or combination Akuta with Faris would change the principle of operation of Akuta being modified, and as such, the teachings of the references are not sufficient to render claim 1 prima facie obvious.
Applicants argue Page 13, “The proposed modification of Akuta or the combination of Akuta with Faris would change the principle of operation of Akuta by coating and polymerizing an electrolyte to penetrate a separator of Akuta and destroy its intended purpose as a barrier between electrodes, such as a cathode and an anode (paragraph [0125], p. 9, of Akuta)”.
The examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C. 103 rejection of record, Akuta broadly discloses a polymer electrolyte disposed between the anode and the cathode (i.e., at least hydrogel can be used as an electrolyte layer and/or separator between a cathode and an anode as disclosed in [0125], such that a polymer electrolyte is at least hydrogel, lacking any further distinction thereof as to said polymer electrolyte), etc., such that Akuta is silent as to the polymer electrolyte penetrates into at least a portion of the anode or the cathode, wherein the anode or the cathode is a porous electrode comprising pores, and wherein the polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery.
Therefore, the examiner asserts that the skilled artisan would appreciate that the combined teachings of Akuta and Faris at least meet the claim limitations with proper motivation, whereby the battery including the aqueous electrolyte as disclosed by Akuta further includes the polymer electrolyte penetrates into at least a portion of the anode or the cathode, wherein the anode or the cathode is a porous electrode comprising pores, and wherein the polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery as taught by Faris so as to optimize ion conduction rate, capacity, density, and overall depth of discharge, while maintaining shape change during cycling, etc.
Therefore, the examiner maintains that the combined teachings of Akuta and Faris at least meet the claim limitations under broadest reasonable interpretation, such that a portion, voids of the battery, etc., are broad in scope, lacking any further structural distinction thereof.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Furthermore, in response to Applicants arguments, “coating and polymerizing an electrolyte to penetrate a separator of Akuta and destroy its intended purpose as a barrier between electrodes”, the examiner asserts that Faris is relied upon to meet the claim limitation(s) the polymer electrolyte penetrates into at least a portion of the anode or the cathode, wherein the anode or the cathode is a porous electrode comprising pores, and wherein the polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery as put forth in the current 35 U.S.C. 103 rejection of record, such that it is unclear as to how Faris would necessarily destroy the intended purpose of Akuta, such that the examiner maintains that Faris simply provides motivation so as to meet the claim limitations with proper motivation, lacking any further structural and/or chemical distinction thereof.
Therefore, Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Applicants further argue Page 13-14, “The proposed modification fundamentally changes Akuta’s principle of operation from a barrier separator to an interpenetrating electrode component.” Applicants further argue Page 14, “Faris at paragraph [0098] teaches an, "electrode material is mixed with monomer solution to form a colloid or slurry. This colloid or slurry may then by polymerized with the electrode materials in situ by thermal or UV radiation." Thus, the combination of Akuta and Faris would impair the structural integrity and thus render the separator of Akuta inoperative, which is contrary to the purpose of Akuta. Thus, the combination of references, as alleged, cannot render the claimed invention prima facie obvious.”
The examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C. 103 rejection of record, Akuta broadly discloses a polymer electrolyte disposed between the anode and the cathode (i.e., at least hydrogel can be used as an electrolyte layer and/or separator between a cathode and an anode as disclosed in [0125], such that a polymer electrolyte is at least hydrogel, lacking any further distinction thereof as to said polymer electrolyte), etc., such that Akuta is silent as to the polymer electrolyte penetrates into at least a portion of the anode or the cathode, wherein the anode or the cathode is a porous electrode comprising pores, and wherein the polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery.
Therefore, the examiner asserts that the skilled artisan would appreciate that the combined teachings of Akuta and Faris at least meet the claim limitations with proper motivation, whereby the battery including the aqueous electrolyte as disclosed by Akuta further includes the polymer electrolyte penetrates into at least a portion of the anode or the cathode, wherein the anode or the cathode is a porous electrode comprising pores, and wherein the polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery as taught by Faris so as to optimize ion conduction rate, capacity, density, and overall depth of discharge, while maintaining shape change during cycling, etc.
Therefore, the examiner maintains that the combined teachings of Akuta and Faris at least meet the claim limitations under broadest reasonable interpretation, such that a portion, voids of the battery, etc., are broad in scope, lacking any further structural distinction thereof.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Furthermore, in response to Applicants arguments, “the combination of Akuta and Faris would impair the structural integrity and thus render the separator of Akuta inoperative, which is contrary to the purpose of Akuta”, the examiner asserts that Faris is relied upon to meet the claim limitation(s) the polymer electrolyte penetrates into at least a portion of the anode or the cathode, wherein the anode or the cathode is a porous electrode comprising pores, and wherein the polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery as put forth in the current 35 U.S.C. 103 rejection of record, such that it is unclear as to how Faris would necessarily impair the structural integrity and thus render the separator of Akuta inoperative, such that the examiner maintains that Faris simply provides motivation so as to meet the claim limitations with proper motivation, lacking any further structural and/or chemical distinction thereof.
Therefore, Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Rejection of Claim 1 Under 35 U.S.C. 103 (With regards to claim 39)
The combination of Akuta and Faris, as alleged, fails to teach or suggest a polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery.
Applicants argue Page 11, “The combination of Akuta and Faris, as alleged, fails to teach or suggest all claim features. Claim 1 defines, in part, " the polymer electrolyte is present in the pores of at least the portion of the anode or the cathode and voids of the battery". Thus, claim 1 defines the polymer electrolyte being present in two distinct locations simultaneously: 1) in the pores of at least a portion of the anode or cathode (interpenetrating an electrode structure), AND 2) in the voids of the battery (the spaces between battery components).
The examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C. 103 rejection of record, since Faris teaches typical alkaline batteries include a zinc powder or paste anode material(s), porous electrode plaque(s), etc., as discussed above in the current 35 U.S.C. 103 rejection of record, whereby electrolyte, such as gelled KOH, may be incorporated in the anode material, provided in or on the separator, or a combination thereof, etc., and further teaches in [0067] an ion conducting amount of electrolyte is provided within the electrode material, etc., this at least provides polymer electrolyte penetrates into at least a portion of the anode or the cathode, as well as provides the polymer electrolyte (e.g., gelled KOH, etc.) is present in the pores of at least the portion of the anode or the cathode, such that the skilled artisan would at least appreciate in one or more embodiments that Faris at least provides said cathode and/or anode is a porous electrode as discussed above, such that said porous electrode necessarily possesses pores, lacking any further distinction thereof.
Furthermore, the examiner asserts that Faris further teaches in [0072] a porous material or structure may be formed (e.g., as described herein with respect to layer ref. 107) adapted to receive electrolyte gel, etc., whereby for example, a porous ionically conductive polymer may be formed in the stack ref. 100 intended to receive electrolyte upon activation of the cell, etc., which at least provides the polymer electrolyte is present in void(s) of the battery, such that a porous material or structure adapted to receive electrolyte gel at least possesses void(s) of the battery so as to be filled with electrolyte gel, and lacking any further distinction thereof (also see [0034],[0037], [0040], [0071]-[0072], [0079], [0140]).
Therefore, the examiner maintains that the skilled artisan would appreciate that the combined teachings of Akuta and Faris at least meet the claim limitations with proper motivation, whereby the battery including the aqueous electrolyte as disclosed by Akuta further includes the polymer electrolyte is present in pores of at least the portion of the anode or the cathode and voids of the battery through in-situ polymerization after soaking as taught by Faris so as to optimize ion conduction rate, capacity, density, and overall depth of discharge, while maintaining shape change during cycling, etc.
Furthermore, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., (interpenetrating an electrode structure)) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Therefore, the examiner maintains that the combined teachings of Akuta and Faris at least meet the claim limitations under broadest reasonable interpretation, such that a portion, voids of the battery, etc., are broad in scope, lacking any further structural distinction thereof.
Applicants further argue Page 12, “The electrode material is mixed with monomer to form a colloid or slurry, then polymerized. The procedure of Faris is fundamentally different polymerizing in-situ because Faris's method of "mixing" creates a composite material, and does not penetrate pre-existing pores. Thus, the monomer is in the electrode material, not a separate electrolyte structure. See, e.g., paragraph [0098] of Faris. The porous structures adapted to receive electrolyte are disclosed, particularly for the layer 107 adjacent to the electrode adapted to receive an electrolytic liquid or gel. See, e.g., FIGURE 2A and paragraph [0072] of Faris. Even layer 107 merely suggests voids to be filled, but not penetration into pores. The electrode may form a porous electrode for impregnation with a solution of an electrochemically active material precursor, typically nickel nitrate or a three-dimensional porous substrate 530 of a cathode 506 (paragraphs [0062] and [0125] of Faris. Moreover, the reference to "in-situ" in Faris relates to forming integral electrode/hydrogel materials (paragraph [0098] of Faris), not to creating the dual-location polymer electrolyte structure in the pores and voids of claim 1.”
The examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C. 103 rejection of record, Faris further teaches in [0034] major components including the separators and electrodes, and supporting structures (e.g., layer ref. 107 described above) and electrolytes are also discussed, etc., whereby Faris further teaches in [0040] a separator may be formed in situ on the stack, etc., whereby a combination of laminating and depositing methods may be used to form the separator, e.g., and wherein a woven or non-woven sheet is laminated and ionic conducting membrane precursor materials deposited for polymerization in situ, etc. Faris further teaches in [0098] integral electrode material (high surface active materials, etc.) and hydrogel may be formed by various techniques, whereby in one embodiment, electrode material is mixed with monomer solution to form a colloid or slurry, and this colloid or slurry may then be polymerized with the electrode materials in situ by thermal or UV radiation, etc., which at least provides the polymer electrolyte is present in pores of at least the portion of the anode or the cathode through in-situ polymerization after soaking, etc., such that the skilled artisan would appreciate that mixing a monomer solution to form a colloid or slurry at least provides said electrode material(s) of said cathode and/or anode are at least soaked, lacking any further distinction thereof.
Faris further teaches in [0072] a porous material or structure may be formed (e.g., as described herein with respect to layer ref. 107) adapted to receive electrolyte gel, etc., whereby for example, a porous ionically conductive polymer may be formed in the stack ref. 100 intended to receive electrolyte upon activation of the cell, etc., which at least provides the polymer electrolyte is present in void(s) of the battery by in situ polymerization, such that a porous material or structure adapted to receive electrolyte gel at least possesses void(s) of the battery so as to be filled with electrolyte gel as discussed above, and said voids of said battery are at least formed through in-situ polymerization after soaking so as to form said porous ionically conductive polymer in the stack intended to receive said electrolyte upon activation of the cell, and lacking any further distinction thereof as to said in-situ polymerization, soaking, etc. (also see [0034],[0037], [0040], [0071]-[0072], [0079], [0140]). Furthermore, the skilled artisan would appreciate that since said polymer electrolyte is provided (e.g., by in situ polymerization), and various components of said electrochemical cell(s) such as the porous anode and/or cathode, separator, porous supporting structure(s), etc., are taught by Faris to include said polymer electrolyte, etc., the method of forming said polymer electrolyte (i.e., in-situ polymerization) is not commensurate in scope with the product as claimed, such that since Faris teaches an identical and/or substantially identical product to that claimed within the metes and bounds of the limitation(s) the limitation are met.
Furthermore, as to Applicants arguments, “The electrode may form a porous electrode for impregnation with a solution of an electrochemically active material precursor, typically nickel nitrate or a three-dimensional porous substrate 530 of a cathode 506 (paragraphs [0062] and [0125] of Faris. Moreover, the reference to "in-situ" in Faris relates to forming integral electrode/hydrogel materials (paragraph [0098] of Faris), not to creating the dual-location polymer electrolyte structure in the pores and voids of claim 1”, the examiner asserts that the skilled artisan would appreciate that the combined teachings of Akuta and Faris at least meet the claim limitations with proper motivation, whereby the battery including the aqueous electrolyte as disclosed by Akuta further includes the polymer electrolyte is present in pores of at least the portion of the anode or the cathode and voids of the battery through in-situ polymerization after soaking as taught by Faris so as to optimize ion conduction rate, capacity, density, and overall depth of discharge, while maintaining shape change during cycling, etc.
Therefore, the examiner maintains that the combined teachings of Akuta and Faris at least meet the claim limitations under broadest reasonable interpretation, such that a portion, voids of the battery, in-situ polymerization, soaking, etc., are broad in scope, lacking any further structural distinction thereof.
Applicants further argue Page 12, “What is more, this unique structure provides advantages not achievable with Akuta's separator-only approach or Faris's mixed-material approach, namely, 1) enhanced ionic conductivity through continuous polymer pathways, and 2) better electrode/electrolyte contact. See, e.g., Applicant's specification at paragraph [0025]. Without an explicit teaching of this specific dual-location structure and how to achieve it, the combination fails to render claim 1 obvious.”
The examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C. 103 rejection of record, and discussed above the skilled artisan would appreciate that the combined teachings of Akuta and Faris at least meet the claim limitations with proper motivation, whereby the battery including the aqueous electrolyte as disclosed by Akuta further includes the polymer electrolyte is present in pores of at least the portion of the anode or the cathode and voids of the battery through in-situ polymerization after soaking as taught by Faris so as to optimize ion conduction rate, capacity, density, and overall depth of discharge, while maintaining shape change during cycling, etc.
Therefore, the examiner maintains that the combined teachings of Akuta and Faris at least meet the claim limitations under broadest reasonable interpretation, such that a portion, voids of the battery, in-situ polymerization, soaking, etc., are broad in scope, lacking any further structural distinction thereof.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
The proposed modification or combination Akuta with Faris would change the principle of operation of Akuta being modified, and as such, the teachings of the references are not sufficient to render claim 1 prima facie obvious.
The examiner notes that the arguments pertain only to claim 1, and in the interest of compact prosecution will also be addressed toward new independent claim 39 as below.
Applicants argue Page 13, “The proposed modification of Akuta or the combination of Akuta with Faris would change the principle of operation of Akuta by coating and polymerizing an electrolyte to penetrate a separator of Akuta and destroy its intended purpose as a barrier between electrodes, such as a cathode and an anode (paragraph [0125], p. 9, of Akuta)”.
The examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C. 103 rejection of record, Akuta broadly discloses a polymer electrolyte disposed between the anode and the cathode (i.e., at least hydrogel can be used as an electrolyte layer and/or separator between a cathode and an anode as disclosed in [0125], such that a polymer electrolyte is at least hydrogel, lacking any further distinction thereof as to said polymer electrolyte), etc., such that Akuta is silent as to the polymer electrolyte is present in pores of at least the portion of the anode or the cathode and voids of the battery through in-situ polymerization after soaking or applying a vacuum, wherein a vacuum is applied prior to in-situ polymerization.
Therefore, the examiner asserts that the skilled artisan would appreciate that the combined teachings of Akuta and Faris at least meet the claim limitations with proper motivation, whereby the battery including the aqueous electrolyte as disclosed by Akuta further includes the polymer electrolyte is present in pores of at least the portion of the anode or the cathode and voids of the battery through in-situ polymerization after soaking as taught by Faris so as to optimize ion conduction rate, capacity, density, and overall depth of discharge, while maintaining shape change during cycling, etc.
Therefore, the examiner maintains that the combined teachings of Akuta and Faris at least meet the claim limitations under broadest reasonable interpretation, such that a portion, voids of the battery, in-situ polymerization, soaking, etc., are broad in scope, lacking any further structural distinction thereof.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Furthermore, in response to Applicants arguments, “coating and polymerizing an electrolyte to penetrate a separator of Akuta and destroy its intended purpose as a barrier between electrodes”, the examiner asserts that Faris is relied upon to meet the claim limitation(s) the polymer electrolyte is present in pores of at least the portion of the anode or the cathode and voids of the battery through in-situ polymerization after soaking or applying a vacuum, wherein a vacuum is applied prior to in-situ polymerization, as put forth in the current 35 U.S.C. 103 rejection of record, such that it is unclear as to how Faris would necessarily destroy the intended purpose of Akuta, such that the examiner maintains that Faris simply provides motivation so as to meet the claim limitations with proper motivation, lacking any further structural and/or chemical distinction thereof.
Therefore, Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Applicants further argue Page 13-14, “The proposed modification fundamentally changes Akuta’s principle of operation from a barrier separator to an interpenetrating electrode component.” Applicants further argue Page 14, “Faris at paragraph [0098] teaches an, "electrode material is mixed with monomer solution to form a colloid or slurry. This colloid or slurry may then by polymerized with the electrode materials in situ by thermal or UV radiation." Thus, the combination of Akuta and Faris would impair the structural integrity and thus render the separator of Akuta inoperative, which is contrary to the purpose of Akuta. Thus, the combination of references, as alleged, cannot render the claimed invention prima facie obvious.”
The examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C. 103 rejection of record, Akuta broadly discloses a polymer electrolyte disposed between the anode and the cathode (i.e., at least hydrogel can be used as an electrolyte layer and/or separator between a cathode and an anode as disclosed in [0125], such that a polymer electrolyte is at least hydrogel, lacking any further distinction thereof as to said polymer electrolyte), etc., such that Akuta is silent as to the polymer electrolyte is present in pores of at least the portion of the anode or the cathode and voids of the battery through in-situ polymerization after soaking or applying a vacuum, wherein a vacuum is applied prior to in-situ polymerization.
Therefore, the examiner asserts that the skilled artisan would appreciate that the combined teachings of Akuta and Faris at least meet the claim limitations with proper motivation, whereby the battery including the aqueous electrolyte as disclosed by Akuta further includes the polymer electrolyte is present in pores of at least the portion of the anode or the cathode and voids of the battery through in-situ polymerization after soaking as taught by Faris so as to optimize ion conduction rate, capacity, density, and overall depth of discharge, while maintaining shape change during cycling, etc.
Therefore, the examiner maintains that the combined teachings of Akuta and Faris at least meet the claim limitations under broadest reasonable interpretation, such that a portion, voids of the battery, in-situ polymerization, soaking, etc., are broad in scope, lacking any further structural distinction thereof.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Furthermore, in response to Applicants arguments, “the combination of Akuta and Faris would impair the structural integrity and thus render the separator of Akuta inoperative, which is contrary to the purpose of Akuta”, the examiner asserts that Faris is relied upon to meet the claim limitation(s) the polymer electrolyte is present in pores of at least the portion of the anode or the cathode and voids of the battery through in-situ polymerization after soaking or applying a vacuum, wherein a vacuum is applied prior to in-situ polymerization, as put forth in the current 35 U.S.C. 103 rejection of record, such that it is unclear as to how Faris would necessarily impair the structural integrity and thus render the separator of Akuta inoperative, such that the examiner maintains that Faris simply provides motivation so as to meet the claim limitations with proper motivation, lacking any further structural and/or chemical distinction thereof.
Therefore, Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Furthermore, in light of the amendment(s) to the claim(s), a new grounds of rejection 35 U.S.C. 103 in view of Akuta and Faris and Tsai is made for claim 40. See the above 35 U.S.C. 103 rejection for independent claims 1 and 39 and the claims that depend therefrom.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yadav et al. (U.S. PGPub US 2021/0280899 A1) discloses a high-voltage ion-mediated flow/flow-assist manganese dioxide-zinc battery (Title), whereby as disclosed in [0055] the anolyte can have a pH during use of between 0 and 15, etc.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA PATRICK MCCLURE whose telephone number is (571)272-2742. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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/JOSHUA P MCCLURE/Examiner, Art Unit 1727.
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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